ARRESTED IN HIS OWN DRIVEWAY
A major crime wave curtailed by Sheriff’s top Field Training Officer
Adrian Heath | September 27, 2009
It is difficult to come clean about a habit I have, a dark addiction. I love bacon and egg tacos. That unbridled hunger got me arrested by MCSO in my own driveway, the charge is the terrible affront to the peace and safety of the good people of Texas know as Failure to Identify.
Here is how I was brought to justice.
Justice is turned back,and righteousness stands far away;for truth has stumbled in the public squares,and uprightness cannot enter.Isaiah 59:14 (ESV)
My 20 year old son David arrived home from work around 11:40pm on Friday September 25th 2009.
My son was hungry.
After negotiating about who would go and buy the desired meal ( not who would pay, Dad pays) it was agreed that I would go to Taco Cabana on 242. The mission, get 3 (three) steak fajita tacos for David and 1 (one) bacon and egg taco for my self – side mission pick up a six pack of imported beverage to wash them down.
23:40 Suspect ( that’s me your reporter) drive toward SH 242 via Lake Woodlands drive, observes darkened SD unit in Shadow Bend park ( reflects on donut abuse ).
23: 48 PM suspect buys 6 pack of imported (regulated beverage) at Shell CNR Gosling & 242 without incident.
23:56 PM The suspect arrive at the drive through speaker at taco cabana.
Suspect delivered verbal order to unknown cashier 3 steak fajita tacos and 1 bacon and egg taco.
Cashier informs suspect “We don’t make bacon and egg tacos until midnight“ and abruptly ads “do you want to wait”
Irritated suspect responds “OK then” while he notices the warm and welcoming sight in his immediate field of
vision to the east, WHATABURGER.
Suspect contemplates the rude commands by TC cashier to move forward and realizes he can have all the bacon and egg tacos he wants right now at Whataburger who’s embargo on such delicacies ends at 23:00 as opposed to the draconian schedule of Taco Cabana
Which mandates 24:00 hrs
00:01:22 Flash forward to the next day. ( 5 minutes later that is.)
Suspect leaves Whataburger window with 4 fresh steaming hot bacon and egg tacos, 2 with cheese, 2 without cheese.
00:07 Suspect arrive at place of residence and notices darkened SD patrol car parked in front of a very upstanding neighbor’s house, wonders “what did he do” as he pulls into his own driveway.
00:08 Suspect exits SUV with wallet and keys in one hand grasping bright orange Whataburger sack with receipt attached while clutching plastic sack containing valuable imported beverage well know to some and recognized by the commercial exhortation to “Stay thirsty my friend”.
Simultaneously, SD patrol car swings around to suspects driveway and Field Training Officer, Deputy Mike Uber greets suspect with inquiry as follows.
FTO: “Were you just at the Taco Cabana and you left without paying for you order?” And scanning around looking for THE evidence- “Where is the food you bought”
SUSPECT: er um no, that guys lying, I just went through the drive through at 11:54 and ordered a bacon and egg taco and the guy told me ” we don’t make tacos until midnight and I saw the Whataburger next door and so I went over there and bought my food.
FTO: that’s OK we have a unit going to the scene of the crime now and we will see if you story is straight. Let me see your ID!.
SUSPECT: No. -while setting food in a BRIGHT ORANGE BAG and precious imported beverage on ground and placing wallet and keys in pocket.
FTO: Its an offense to refuse to identify, I will have to arrest you.
SUSPECT: OK – while turning around in submission offering arms crossed behind his back.
FTO: Turn around.
SUSPECT: Turning back to face FTO.
FTO: I need to warn you if you refuse to identify yourself its an offense I can arrest you do you understand?
SUSPECT: You were here when I got home, OBVIOUSLY you know who I am, here standing in my own driveway.
FTO: Are you going to show me your ID?
SUSPECT : NO.
FTO: Turn Around
00:15 FTO takes suspect into custody. Leads suspect to patrol car and removes suspect’s wallet from pocket, then current ID from wallet. Replaces wallet in pocket.
FTO places suspect in back seat of patrol car and says ‘I’m going to call the DA” as he shut the door.
SUSPECT: – no comment – thinks, great maybe Brett will begin to take my calls now.
From: “Grant, Phil” <firstname.lastname@example.org> To: District Attorney Employees <DistrictAttorneyEmployees@mctx.org>
Date: Thu, 6 Aug 2009 11:12:29 -0500 Subject: Adrian Heath
All phone calls from an Adrian Heath need to be immediately referred to me regardless of the matter the subject matter or who he requests to speak with.
Thank You Phil Grant
FTO: Long windy conversation via cell phone at rear of car goes on forever, the only audible comment inside the cab was “Yeah, that’s him! Then more waffling and murmuring.
SUSPECT: Thinking- Note to Nelda Blair.
1.SD patrol cars dedicated to the Woodlands have insufficient leg room. Get this issue on the agenda pronto!
2. Nelda needs to get the township to hire another consultant, some artsy fartsy type who can redesign these handcuffs for more comfort.
MCSO Radio: ….. blah blah…. …. Adrian David Heath… clear all the way…..blah blah.
SUSPECT: Thinking to himself – This is awesome, all those Township dollars we spend for extra deputies on duty to protect us from crime like home invasions, rapes murders, vehicle theft, breaking and entering, robbery… here it is at work right before my eyes.. man are we lucky to have such good people like Nelda Blair and Alex Sutton spending our tax money for us…. Much better than the commissioners court which wants to fund $2 Million dollar dog houses and pay 10 full time dog lovers to care for strays. Nelda’s plan is really working….. I have been apprehended at last. We can all breath a huge sigh of relief. After all..who know what would have happened next? And that Deputy… such sound logic…and expert training in action…. Arrest this numbskull in his own driveway… maybe he will get a commendation… maybe Nelda will honor the MCSO at the next meeting… yeah… Nelda will get a great photo opp and I bet they can get Don Norrrell to order a $670.00 press release be written. I mean this is really something, and my arrest can be listed among all the important statistics that the board reviews every month like the Mounted Patrol petting stats.
Oh boy, The Township Board, they really know what is important. Oh if only the board was festooned with leaders like that. Oh the joy.
In June there were 7,419 horse pettings and 357 pictures taken with Mounties.
In May 8,797 horse pettings.
Year To Date Horse Pettings were 25,425
Citizens arrested for sweet nothing in their own driveway = 1 YTD = 1
Maybe news of this will actually go towards keeping them in office forever, even the appointed ones. One can only hope.
FTO: returns to cab and logs onto laptop.
SUSPECT: To self : Wow this is Just like Judge Sadler, I hope I can get the dash cam recording posted on MontgomeryCountyMonitor.Com
SUSPECT: Can you logon to the state and county website with that thing.
SUSPECT: Did you speak to Brett?
SUSPECT Brett Ligon, did you speak to…..
FTO: Brett Ligon is the district Attorney. …. The cashier made a mistake. No theft occurred. I am giving you a ticket for failure to identify. This is the first failure to identify I have done. ( In ten years as a peace officer.)
SUSPECT: Are you going to give that guy a ticket for making a false report?
FTO: We are explaining the law to him… he just did not understand that an actual transaction has to take place.
SUSPECT: Thinking, great.. how very accommodating, be fair the to guy who called the false report, Arrest and ticket the victim. Boy, I think Sheriff Gage and Deputy Uber need a little training in the meaning of the term to “protect and serve” – it means to protect and serve the citizens you serve… as opposed to protect and serve the state or procedure, or your own ass.
SUSPECT: Thinking – Note to self
Send Sheriff Gage and Deputy Uber a copy of
3. Ask The Sheriff if we can present The Institute on the Constitution to the entire Sheriffs department. We have been showing it along with Montgomery County Eagle Forum and the folks are loving it. And we do want our Sheriff to serve us and protect our God given liberties.
00:40 Deputy Uber issued the suspect with a ticket for failure to identify and released suspect to the wild.
……… and that is to the best of my memory how the bust went down.
We will wait for the dash cam video if available to get the whole story.
For those of you who question weather you are compelled to identify your self to anyone while standing in your own driveway, I offer you Section 38:02 of the Texas Penal code which states as follows -
Sec. 38.02. FAILURE TO IDENTIFY. (a) A person commits an offense if he intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information.
also, Current law makes it a crime when detained people intentionally mislead police about their identity. It’s also a crime to refuse to provide one’s identity after being arrested. But it’s still legal in Texas for people to refuse to identify themselves as long as they haven’t been arrested.
MCSO erred in two matters
1. They unlawfully detained a citizen without probable cause and then ticketed him for good measure.
2. They failed to ticket the cashier for filing a false report.
Both these need to be rectified with apologies from all concerned verbally and in writing.
Maybe the Township will take up for a wronged citizen.
Now that would be justice.